g'day,
Richard Shockey wrote:
>
> >
> >Actually, there have been a few of these in recent years. I've done some
> >consulting for lawyers seeking to overthrow patents where someone has
> >obviously simply gone out and documented things done by others.
> >
> >To revisit a theme I raised back in the summer, this need to be able to
> >prove prior art is the reason I believe we need to preserve Internet
> >Drafts, not just mailing lists and other work output from the IETF. I'm
> >all for protecting innovation, and believe patents have a role in this
> >industry, but I've seen a few bogus claims and am happy to do my bit to
> >see them struck down. They tend to fall fairly easily if you have access
> >to suitable examples of prior art.
>
> I couldn't agree more..but the problem is that the patent examiners do not
> look at the IETF or OSI drafts or work product during the process and even
> ignore it when it is brought to their attention.
I can't comment on that aspect of it, as I've always gotten involved
when it reaches the litigation stage. At that point, since money is
going to change hands one way or the other, the simplest thing for a
defendent to do is to get your expert witnesses to attack the patent or
otherwise show that you're not infringing. Having someone who can
present a document and testify that it appeared two years before the
claim was filed can get the patent set aside, once you've convinced the
judge that you're talking about the same material (I'm sure you're aware
of this, but I offer it as background for others).
Of course, sometimes even when a patent looks like it can be attacked,
it's not as easy as you first thought. I recently looked at one which
seems kind of bogus to me, as it clearly used only already available
technology, but we're having trouble on the "innovation" front, as the
use of existing technology in a clever way is also patentable. In any
event, I definitely think the IETF could be doing a lot more in this
area, but that's just one person's opinion.
- peterd
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"Skill without imagination is craftsmanship and gives us many
useful objects, such as wickerwork baskets. Imagination
without skill gives us modern art...
- Tom Stoppard
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